Terms & conditions
Effective Date: November 21, 2023
IMPORTANT!
If you are of legal age, please ensure that you have read and agreed to the terms outlined below before proceeding. Your use of EO Space is subject to these terms. However, if you are not of legal age, it is crucial that you read this agreement with your parent or guardian and obtain their approval before proceeding. Always seek adult permission before accessing online services or accepting any terms of service.
Terms
Welcome to EO Space Oy ("EO Space" or "we", "us", "our"). Before you dive into our services, please carefully review this binding agreement between you and EO Space. By accessing and using our services, you acknowledge that you have read and agree to abide by the terms and conditions outlined in this Agreement. If you disagree with any part of this Agreement, kindly refrain from using our services.
1. General Provisions
1.1. Purpose and Scope
This Agreement delineates the terms governing your registration on the website located at
https://eo-space.com ("Website") and its subdomains, if any, all operated by EO Space Oy. Additionally, it outlines the terms governing the utilization of the learning platform accessible at
https://f0.game.eo.events/g1/desksweek/?t=1673425465 ("Platform"). Our Services encompass the provision of a Platform, along with various associated games, applications, features, and content.
2. Registration
2.1. Account Creation and Personal Data
To access specific features on the Platform, registration for an account ("Account") is required. As part of utilizing the Platform for educational purposes within a classroom, you may need to provide EO Space with personally identifiable information ("Personal Data") of yours as well as your students.The retention and utilization of all Personal Data by EO Space are governed by the EO Space Privacy Policy, available at
https://www.eo-space.com/privacy-policy.
2.2. When registering, you agree that you will provide complete and accurate registration information and keep your account information up-to-date. You agree (a) that you are solely responsible for all activities that occur under your Account, (b) to notify us immediately of any unauthorized Account use, (c) that we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password, and (d) that you will not sell, transfer, or assign your Account. If we learn that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account.
3. Termination and Suspension of Account
You retain the choice to discontinue your use of our Services at any time. EO Space reserves the right to suspend or terminate the Services, at our discretion and without prior notice, should you fail to comply with EO Space’s Terms of Services or use the Services in a manner that could result in legal liability, disrupt the Services, or interfere with others’ use of the Services.
Furthermore:
- Inactive Accounts: Your account may be terminated and deleted if there's no activity on our Services for 12 consecutive months. Prior to taking such action, we will notify you via the email address associated with your account.
- Educator Accounts: For accounts registered by educators participating in the pilot project with schools, we understand that classroom dynamics may affect account activity, and as such, termination due to inactivity will be approached with flexibility. If you anticipate prolonged inactivity due to school breaks or other educational considerations, please inform us to avoid unnecessary account closures.
4. Content
As between us and you, the Platform, including any specific functionalities of our services (including past, present, and future versions), is owned, controlled, or licensed by EO Space and is protected by law from unauthorized use.
4.1. Ownership and Intellectual Property
The Website and the Platform comprise a variety of content, including but not limited to: (i) software, technology, text, games, information, videos, photos, pictures, graphics, music, sounds, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the service; (ii) trademarks, logos, trade names, service marks, and trade identities of EO Space; and (iii) other forms of intellectual property (collectively referred to as "Content").
4.2. Intellectual Property Rights
You acknowledge that EO Space owns all intellectual property rights in and to the Content, including, without limitation, patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights, and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Content. EO Space does not grant you any express or implied rights in any patents, copyrights, trademarks, or trade secret information of EO Space.
4.3. Limited Usage Rights
You acquire no right to use, and will not use without EO Space’s prior written consent, the names, characters, artwork, designs, trade names, copyrighted materials, trademarks, or service marks of EO Space or its parent, related or subsidiary companies, employees, directors, officers, shareholders, assignees, successors, licensors, or licensees: (a) in any advertising, publicity, marketing, promotion, or on any website; or (b) in any manner other than in accordance with this Agreement. You do not acquire any ownership rights over the Content by using the Website/Platform.
4.4. Use Restrictions
You agree not to copy, redistribute, publish, or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of EO Space.
4.5. Feedback Ownership
All comments, feedback, suggestions, ideas, and other submissions ("Feedback") disclosed, submitted, or offered to EO Space by you in connection with the use of the Website/Platform shall be the exclusive property of EO Space. You agree that unless otherwise prohibited by law, EO Space may use, sell, exploit, and disclose the Feedback in any manner, without restriction and without compensation to you.
5. Usage and Responsibilities
5.1. Technical Requirements
You are responsible for acquiring and maintaining the necessary devices, software, and internet connections for using the Website/Platform at your own cost. EO Space does not guarantee specific compatibility with your device, software, or internet connection. EO Space is not liable for outages, disconnections, or damages related to the use or inability to use the Website/Platform, including those caused by updates, technical issues, or other reasons.
5.2. User Responsibilities
You are responsible at your own cost and expenses to acquire and maintain necessary devices, software and internet connections required for the use of the Website/Platform. EO Space does not guarantee that the Website/Platform can be used specifically with your device, software and internet connection. EO Space is not responsible of the possible outages or disconnections of the application for instance due to updates, technical issues or problems or other similar reasons. EO Space is not responsible for any damages caused by or relating to use or inability to use the Website/Platform.
5.3. Acceptable Use Policy
You may use the EO Space Platform and/or the Content for lawful purposes as outlined in this Agreement. Without EO Space's express written consent, you agree not to:
- Copy, modify, sell, exploit, or distribute any part of the Content for purposes other than those provided by EO Space.
- Use EO Space to conduct or promote illegal activities.
- Attempt to reverse engineer or compromise the functioning of EO Space, including attempting to derive the source code.
- Gain unauthorized access to secured portions of EO Space.
- Use any automated process to access, search, or harvest information from EO Space without our prior written permission.
- Interfere with the proper functioning of EO Space or disobey its network-related requirements.
- Extract, monitor, or copy any web page on EO Space for commercial use without our prior express written permission.
- Impersonate any person or entity or misrepresent your affiliation with them.
- Mirror or frame EO Space, place pop-up windows over its pages, or affect the display of its pages.
- Use any trade name, trademark, or brand name in metatags, keywords, and/or hidden text.
- Create derivative works from the Content or commercially exploit any part of it.
- Use any portion of EO Space or the Content in a manner that may provide a false impression as to us, the Owner, or any other third party.
- Alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends, or other notices included in the Content.
6. Disclaimer of Warranties
6.1. General Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. EO Space Oy expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6.2. Service Performance
EO Space Oy makes no warranty that:
- The Service will meet the specific requirements of users, especially considering the diverse needs within educational settings.
- The Service will be uninterrupted, timely, secure, or error-free, acknowledging the potential impact of various classroom environments and technical setups.
- The results obtained from the use of the Service will be accurate or reliable, recognizing the dynamic nature of educational content.
- The quality of any products, services, information, or other material purchased or obtained through the Service will meet the expectations of educators or users in a classroom context.
6.3. Educator Expectations
Educators participating in the pilot project with schools should be aware that the Service is designed to cater to educational needs but may undergo updates, improvements, or adjustments based on feedback and evolving educational practices.
7. Limitation of Liability
7.1. General Limitations
You expressly understand and agree that EO Space Oy will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits, goodwill, use, data, or other intangible losses, even if EO Space Oy has been advised of the possibility of such damages. This applies whether the damages are based on contract, tort, negligence, strict liability, or otherwise. The limitations extend to the following:
- The use or inability to use the Service, recognizing the diverse nature of educational environments.
- The cost of procurement of substitute goods and services, considering the unique requirements of educational resources.
- Unauthorized access to or alteration of your transmissions or data within the educational context.
- Statements or conduct of any third party on the Service, acknowledging the dynamic nature of educational interactions.
- Any other matter relating to the Service within the educational setting.
7.2. Financial Limitation
In no event will EO Space Oy's total liability to you for all damages, losses, or causes of action exceed the amount you have paid EO Space Oy in the last six (6) months, or, if greater, one hundred dollars ($100).
7.3. Jurisdictional Considerations
Some jurisdictions may not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you or be enforceable with respect to you.
7.4. Dissatisfaction Remedies
If you are dissatisfied with any portion of the Service or with this Agreement of Service, your sole and exclusive remedy is to discontinue the use of the Service.
8. Digital Millennium Copyright Act
EO Space is dedicated to respecting and safeguarding the legal rights of copyright owners. Accordingly, EO Space complies fully with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.) and has established the following notice and takedown policy. If you believe any of the Content infringes upon your intellectual property rights, please submit a written notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must be provided to EO Space’s designated agent (“Copyright Agent”), as set forth below, and must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
- Identification of the material claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that, under penalty of perjury, the information in the notification is accurate, and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
EO Space’s Copyright Agent to receive DMCA Takedown Notices may be contacted at: legal@eo-space.com
For clarity, only DMCA Takedown Notices should be directed to the Copyright Agent; any other feedback, comments, online purchases, or other communications should be directed to the applicable customer service links posted on the Services. You acknowledge that for EO Space to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section.
9. Governing law
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the Republic of Finland.
10. General Provisions
A. Communications. When you communicate with us electronically, you consent to receive communications from us electronically. Please note that we will make our best effort to respond to your inquiry, understanding the potential involvement of educators and the unique dynamics of the pilot project with schools. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
B. Operation of Services; International Issues. We control and operate the Services from the Republic of Finland. If you use the Services in the context of the pilot project with schools or from other locations, you are responsible for compliance with applicable local laws, especially those related to education, data privacy, and online conduct. You and we disclaim any application of the Convention on Contracts for the International Sale of Goods.
C. Severability; Interpretation. If any provision of this Agreement, or any Additional Terms, is deemed unenforceable by a court or arbitrator, every attempt will be made to give effect to the parties’ intentions as reflected in that provision. The remaining provisions contained in this Agreement will continue in full force and effect. You agree that this Agreement, and additional terms, will not be construed against us because we drafted them, considering the unique educational context.
D. Assignment. We may assign our rights and obligations under this Agreement, or any additional terms, in whole or in part, to any party at any time without any notice. This Agreement, and any additional terms, may not be assigned by you, and you may not delegate your duties under them.
E. No Waiver. No waiver by us of any of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of EO Space Oy.
F. Updates to Terms. We reserve the right to modify this Agreement, or any Additional Terms, from time to time in our sole discretion (“Updated Terms”). You agree that any Updated Terms will be effective immediately upon our posting them on the Services. If there are modifications to Section 7 related to dispute resolution or provisions related to fees and billing, the application to pre-existing disputes or fees will be limited. If you do not cancel your Account within 7 days after receiving notice of Updated Terms, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and be bound by, the Updated Terms.
G. Survival. In the event of any termination of this Agreement, whether by you or the Company, the following Sections will continue in full force and effect: Section 5 (Use and Restrictions), Section 9 (Governing Law), Section 6 (Disclaimer of Warranties), Section 6 (Limitations of Liability), Section 8 (Digital Millennium Copyright Act), and Section 10 (General Provisions), acknowledging the ongoing nature of educational considerations.
I. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Company and users, especially educators, concerning the subject matter of the Terms. It supersedes all prior agreements and understandings, recognizing the unique nature of the pilot project with schools. This Agreement may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and the Company. In case of any conflict or inconsistency with anything associated with the Service, this Agreement shall take precedence.
J. Contact Us. If you have any questions or concerns regarding this Agreement or the Services, you may contact us at privacy@eo-space.com.
